Landlord carry rights?

[TRB]

Most often we read questions about tenants rights on possession and carry on the landlords property.

What about the landlord? Say a tenant is anti-gun and the landlord carries into the rented unit. Can the landlord, who owns the property, carry openly when visiting the property socially or on business? Or do the tenants wishes to maintain a gun free zone take precedence?

[ReconLdr]

Wow, I never thought of it this way before.

IANAL, I would say the property owners rights would trump the renters rights. I am sure someone better versed in the laws will be along shortly to answer this question.

[matty70]

Wow, I never thought of it this way before.

IANAL, I would say the property owners rights would trump the renters rights. I am sure someone better versed in the laws will be along shortly to answer this question.

I would think the tenants rights would prevail on this issue. I don't even think that the LL could let himself in when they aren't home to do a spot check on the condition of the place. I think that once the tennant takes posesion of the residence the landlord has pretty much no recourse or rights as the property owner if he did it wouldn't be so difficult to evict someone.

[TRB]

I would think the tenants rights would prevail on this issue. I don't even think that the LL could let himself in when they aren't home to do a spot check on the condition of the place. I think that once the tennant takes posesion of the residence the landlord has pretty much no recourse or rights as the property owner if he did it wouldn't be so difficult to evict someone.

Pretty sure a Pennsylvania landlord can inspect his property during normal business hours, possibly until 21:00.

Eviction doesn't have anything to do with it. Besides, it's not all that difficult to evict delinquent tenants in this state.

[mjfletcher]

I have some familiarity with the law as it relates to rental properties, but I am far from an expert and IANAL.

Once the property is rented the LL surrenders his right to come and go as he pleases. Except for emergency situations (burst pipe, roof fell in, etc) the LL must give 24 hour notice before letting himself into a property for repairs and inspections (if the lease provides for inspections).

As to whether or not tenants wishes regarding guns take precedence I haven't a clue, never even looked into it.

[TRB]

I have some familiarity with the law as it relates to rental properties, but I am far from an expert and IANAL.

Once the property is rented the LL surrenders his right to come and go as he pleases. Except for emergency situations (burst pipe, roof fell in, etc) the LL must give 24 hour notice before letting himself into a property for repairs and inspections (if the lease provides for inspections).

As to whether or not tenants wishes regarding guns take precedence I haven't a clue, never even looked into it.

I'm not so sure about notices prior to inspection. Virtually all of the leases I've read state "Landlord and Landlord's agents shall have the right at all reasonable times...to enter the premises for the purpose of inspecting ..." or something to that effect. Besides, prior notice would defeat the purpose of some inspections.

The clause in the leases that I'm wondering about is usually referred to as "Quiet Enjoyment". It usually says that if the tenant abides by the rules they can "have and hold" the premises. That would appear to imply that they can set the rules.

So whose wishes triumph-the tenant's or the landlord?

[fingers80002]

Pretty sure a Pennsylvania landlord can inspect his property during normal business hours, possibly until 21:00.

Eviction doesn't have anything to do with it. Besides, it's not all that difficult to evict delinquent tenants in this state.

Red, no, 24 hr notice required.....

Blue, yeah, right.......

[Exbiker]

It could all be avoided with a well written contract(lease)

[biddy]

I would think the tenants rights would prevail on this issue. I don't even think that the LL could let himself in when they aren't home to do a spot check on the condition of the place. I think that once the tennant takes posesion of the residence the landlord has pretty much no recourse or rights as the property owner if he did it wouldn't be so difficult to evict someone.

i'm pretty sure the landlord needs to give the tenant 24 hrs notice before he/she can enter the house or apartment.

[mjfletcher]

i'm pretty sure the landlord needs to give the tenant 24 hrs notice before he/she can enter the house or apartment.

Exception to that is emergency situations. Smoke coming from a vent in the building, water dripping into the apartment below, etc. Other than that it is 24hrs notice to avoid them walking in while you're standing at the stove frying bacon in the nude.